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toy yoda

Disney brings Christmas Cheer

Readers of my blog will know that one of my pet subjects is the extent to which big business responds to infringements. Often I have called out what I see as a disproportionate response to possible infringement by a small company who may have acted innocently. At times action has been taken by big business against a small company who are not infringing but who big business wants to scare off the outer perimeters of…
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laptop

Author of copyright works – man or machine?

Copyright protection arises automatically in literary, dramatic, artistic and musical works, and is an extremely useful intellectual property right. The author of a copyright work is the person who created it. In relation to computer-generated works the author is the person by whom the arrangements necessary for the creation of the work are undertaken. But what about artificial intelligence? If a piece of artificial intelligence creates a piece of copyright work, does it mean that…
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Radio

TuneIn thoroughly WARNERED!

As you may know, Warner Music and Sony Music had jointly brought a claim against TuneIn for copyright infringement. TuneIn is a service that enables consumers to access more than 100,000 radio stations around the world. Warner and Sony Music claim has been accepted by the courts who found that TuneIn services infringed the claimant’s rights under section 20 of the Copyright, Designs, and Patents Act 1988 (CDPA). The reason the claim was first brought…
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election

Electioneering and copyright infringement

In the olden days parties campaigned by knocking on doors, holding rallies and sending endless bits of paper to voters. But, what this latest election has shown us, apart from the fact that people seem pretty keen to get Brexit done, is that social media is the new median to reach voters. Whilst this may seem fine in theory, and certainly friendlier to the planet, it does have some problems. Most notably the ease by…
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A B C Book

C is for Copyright Infringement

No stranger to a good intellectual property dispute, Jay-Z is in the news again – this time for issuing proceedings against children’s author Jessica Chiha, who wrote “A B to Jay-Z”, a book designed to teach children to read using references to hip-hop culture, including artist names and lyrics. This follows two Cease and Desist letters in which Jay-Z asked Ms Chiha (and her company The Little Homie) to top selling the book, as far…
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Bake off

The Great British Bake Off Parody Conundrum

While viewing figures for the last run of the Great British Bake Off are reportedly down the program is well ingrained in the country’s popular culture. There is even a Junior GBBO presumably intended to capture some of the magic and viewers the adult show is losing. With such success comes opportunity for the owners of the rights in the program to choose the direction of further exploitation and spin off and ultimately make more…
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food and drink

How can I protect my IP within the food and drink industry?

Protecting your Intellectual Property Rights in the food and drinks industry is crucial. The market is very competitive and it is important that your products stand out in the crowd. How else can you convince a consumer, who has never tasted your product, to purchase your goods over a competitors? Your enticing brand name, your unique recipe or your beautiful packaging are all factors that are hugely valuable and are worth protecting. So, with that…
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Blockchain

Audius – good or bad for the music industry?

You may or may not understand the full inner workings of how blockchain works – but to put it simply, a blockchain is a collection of data. The chain is created by adding these blocks in chronological and sequential order to each other.  Blockchain is most widely associated with the use of Cryptocurrency, however Audius is a blockchain based music streaming service. It promises to be an “alternative to SoundCloud” by helping artists publish, commercialise…
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Dark horse

Katy Perry fanning the Flame

You may recall my beautifully written article last month about the judgment against Katy Perry in which she and Capitol records were ordered to pay the generous sum of $2.78 million in damages to Marcus Gray aka Flame (apparently he is big in the Christian rap game) over her song Dark Horse which tore up the charts many moons ago in 2013. In a dramatic turn of events, Perry is now striking back with an…
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furniture

A step forward for copyright protection

A recent landmark decision of the Court of Justice of the European Union (CJEU) has expanded the scope of copyright protection in the UK for 3D objects, such as furniture, and clothing. The requirement of ‘artistic craftsmanship’ Generally, for a 3D object to be protected in the UK by copyright law, in addition to satisfying the ‘originality’ criteria (the authors own intellectual creation), the object will also need to be a work of ‘artistic craftsmanship’. …
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